AB 432: Personal care services.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans.

Existing law establishes the county-administered In-Home Supportive Services program to aged, blind, or disabled persons, as defined, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. Under the Medi-Cal program, similar services, known as personal care option services, are provided to eligible individuals. The Medi-Cal program also defines waiver personal care services to mean personal care services authorized by the State Department of Health Care Services for persons who are eligible for either nursing or model nursing facility waiver services. Existing law authorizes a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide in-home supportive services.

This bill would additionally authorize a county board of supervisors to contract with a nonprofit consortium or to establish a public authority to provide waiver personal care services. The bill would authorize certain entities to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for an individual who is employed by a recipient of waiver personal care services and would make conforming changes.

The bill would provide that a county that has met specified conditions shall not be deemed to be the employer of these individuals for purposes of liability due to negligence or intentional torts of the individual provider. The bill would also provide that a public authority, as specified, shall be deemed to be the employer of providers of waiver personal care services for purposes of employer-employee relations, as specified, and would require that wages and benefits for these providers meet specified requirements.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act exempts from public inspection specified information regarding persons paid by the state to provide in-home supportive services or personal care services.

This bill would additionally exempt from public inspection specified information regarding persons paid by the state to provide waiver personal care services.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.